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1996-09 Approving and Authorizing Execution of Exxon Valdez Oil Spill Litigation Partial Settlement and Release Agreement.ATTEST: KODIAK ISLAND BOROUGH RESOLUTION NO. 96 -09 Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Borough Attorney Introduced: 03/21/96 Adopted: 03/21/96 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF EXXON VALDEZ OIL SPILL LITIGATION PARTIAL SETTLEMENT AND RELEASE AGREEMENT WHEREAS, a portion of the claims of the Kodiak Island Borough in the Exxon Valdez Oil Spill Litigation have been settled; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Partial Settlement and Release Agreement relating to non -land, non - diverted services damages claims which is attached hereto as Exhibit "A" is approved. Section 2: Mayor Jerome Selby is hereby duly authorized and directed to execute the attached Partial Settlement and Release Agreement and other documents relating to this settlement between Exxon and the Kodiak Island Borough. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY -FIRST DAY OF MARCH, 1996 KODIAK ISLAND BOROUGH r Donna F. Smith, CMC, AAE, Borough Clerk Kodiak Island Borough, Alaska Jer Gar 1 . Stevens, Presiding Officer Resolution No. 96.09 Pagel oft PARTIAL SETTLEMENT AND RELEASE FOR AND IN C ONSIDERATION of the sum of Four H and No /100 ($455,000.00 undyed Fifty -Five Thousand (the Payment) paid to the undersigned City of C Kodiak Island Borough (collective) "Municipal and y Municipal Plaintiffs" ), receipt of which is hereb acknowledged, and intending to be legally y 9 y bound hereby, the undersigned Municipal Plaintiffs absolutely and irrevocably release and discharge Exxon Corporation, Exxon Shipping Company (Now SeaRiver Maritime Financial Company, their directors, officers, employees Holdings, Inc.), Exxon Pipeline and agents, and the MN EXXON VALDEZ, its officers and crew (collectively "Exxon ") from any and d all claims, demands, and causes of actions of every kind and character, whether kn damages that have been sustained or may °� or unknown, for any and all ay be sustained at any time in the future by the undersigned Municipal Plaintiffs which arise out of or in the MN AXON VALDEZ on March 24, 1989, the with the grounding of 89, and the resulting oil spill, including any oil containment or cleanup procedures that followed, except reserved and specifically set forth as follo P the following claims expressly ws. ( The undersigns Municipal Plaintiffs reserve the right right to pursue their appeal of the summary judgment motion granted in favor . PP � °f Exxon Corporation and Exxon Shipping Company in the above action in the Alaska Superior Court by the Honorable Brian Shortell on May 5, 1994, on claims for diverted s February 26, 1996; provided that, and in eN1Ce which appeal was filed on n further consideration of the Payment stated above: Should such summary judgment ruling i n 9 Exxon's favor be reversed on appeal, and the claims brought to trial and result in a recovery of damages by the undersigned EXHIBIT C Municipal Plaintiffs, the undersigned Municipal Plaintiffs covenant and agree that Exxon shall receive a credit in the amount of Eighty -Six Thousand One Hundred and No /100 Dollars ($86,100.00) to be offset against any such recovery prior to any calculation or award of statutory interest and prior to any application for or awa costs or fees. 2 (2) The undersigned Municipal Plaintiffs reserve all claims for punitive damages which arise out of or in association with the grounding of the MN EXXON VALDEZ on March 24, 1989, and the resulting oil spill. including any oil containment or cleanup procedure that followed. The undersigned Municipal Plaintiffs hereby acknowledge receipt of the Payment stated above and agree by their acceptance of the Payment to be legally bound by all the terms and covenants of this agreement. The undersigned Municipal Plaintiffs further covenant and agree that they will divide the Payment among themselves, and they hereby acknowledge that whatever amount they determine to allocate to each of them shall constitute good and satisfactory consideration for the undertakings of each. In further consideration of the Payment stated above, the undersigned Municipal Plaintiffs, and each of them, hereby specifically release Exxon from any claims or causes of action whatsoever. arising now or in the future, known or unknown, concerning the division of this Payment among themselves. In order to facilitate the implementation of this Partial Settlement and Release, the undersigned Municipal Plaintiffs further agree that this Partial Settlement and Release may be executed by each of them in counterpart, by means of separate facsimile or other executed in a single copy. DATED: March , 1996. JAMIN, EBELL, BOLGER & GENTRY DATED: March , 1996. CITY OF CORDOVA By: Mayor, City of Cordova DATED: March , 1996. KODIAK ISLAND BOROUGH 47321pardal.r. Attorneys for Municipal Plaintiffs City of Cordova and Kodiak Island Borough By: Matthew D. Jamin By: Mayor, Kodiak Island Borough 3